ANIMALS RIGHT, HUMANS WRONG?

ANIMALS RIGHT, HUMANS WRONG?

We humans have grown up surrounded by various animals, in the form of pets or animals that we see in our daily surrounding. These animals have a great impact in our lives as some animals provide us with food and some with love and care. Being a non-vegetarian, I grew up eating fish, meat and various other products. Some people love to wear leather jackets, and some oppose it. This way we can see how much influence animals have in our life.

In his book Animal Liberation, Peter Singer states that the basic principal equality does not require equal or identical treatment, it requires equal consideration. This is important with respect to Animal Rights. We often have this question in mind that should animal be given rights and if I were to answer I would reply positively.

Jeremy Bentham, the founder of reforming utilitarian school of moral philosophy, pronounced that when one is determining one’s rights, the question is not weather they can speak, the question is weather they can suffer. And in this way animal rights are crucial.

In India, there are several rights that are safeguarding animals. The Delhi high court affirms that there is no law that prohibit people from feeding stray animals, it believes that feeding those animals confines them to an area and ensures efficient birth control.

Under section 11 of the Prevention of cruelty to Animals act, 1960, it is a criminal offence to

·         Feed poisonous food to the stray animals

·         Beat, kick, over ride, torture animals

·         Employ an animal in any work where he’s unfit due to age or disease.

·         Confine an animal to a cage which is not enough in height, length or breadth.

·         Not give proper exercise to an animal who Is chained up all day.

·        Mutilate an animal or killing of it by the method of strychnine injections in the heart or in any other cruel manner.

·         Confining any animal to make it a prey for another.

·         Promote or take part in any shooting match or competition wherein animals are released from captivity.

Section 11 has certain exceptions where this law won’t apply,

·         The dehorning of cattle, nose roping of any animal or branding in a prescribed manner.

·         The destruction of stray dogs in lethal chambers.

·         The destruction of any animal under the authority of any law. 

The Animal welfare Board of India issues Identity cards for people who feed stray animals, these Identification cards help the people from saving the animals from abusive nature of some animal haters. This Board also organises Animal welfare fortnight, but it does not grab that much attention of the as its not filled with glitz and glamor.

Article 51A(g) of the Indian constitution states that it is the fundamental duty of every citizen to have compassion for all living creatures which include stray animals as well as pets.

 For the purpose of slaughtering of animals there have been rules laid down by the government, under Chapter 4 of the Food Safety and Standards regulations,2011, No animal can be slaughtered in any place other than the slaughterhouse. Under Rule 3 of Prevention of Cruelty to Animals, sick or pregnant animals shall not be slaughtered. Rule 3 of the Slaughterhouse Rules, 2001 also prohibits animal sacrifice and makes it illegal in every part of the country.

Under the ABC (Animal Birth Control) Rules, 2001, stray dogs that are operated for birth control cannot be captured or carried elsewhere by anybody including any authority. 

Punishment for neglecting an animal by denying her enough food, water, shelter or not also giving proper exercise is a fine or an imprisonment up to 3 months or both, under section 11(1)(h), PCA Act, 1960.It also prohibits Bears, Monkeys, Tigers, Panthers, Lions and bulls from being trained and used for entertainment purpose, either in any circus or street.

Indians have a history related with monkeys as lord hanuman himself was half human and half monkey. Monkeys are protected under the Wildlife (Protection) Act, 1972 and with this act the monkeys cannot be displayed or owned. Under section 38J of this act, teasing, feeding or disturbing the animals in a zoo and littering the zoo premise is an offence punishable by a fine of 25000 or imprisonment of up to 3 years or both. Under section 9, disturbing or destroying eggs or nests of birds and reptiles and chopping trees with these nests or even mere trying to destroy constitutes hunting and anyone committing it and caught must pay a fine of 25000 or imprisonment of 7 years, or both.

 Under the Rules 148-C and 135-C of Drugs and Cosmetics Rules, 1945, cosmetics tested on animals and import of cosmetics tested on animals is banned.

The International Society for Animal Rights is a 501(c)(3) is a non-profit corporation chartered under the laws of the District of Columbia, United States of America, whose sole motive is to use education and law together to advance animal rights.

 Some of the international animal rights organisations are

·         Activists for Animals Africa

·         Youth 4 African Wildlife

·         Animal Rights Centre Japan

·         Young Palestinians for Animal Rights

·         The Centre for Animal and Social Justice

·         L214 Ethique et Animaux.  

The International Fund for Animal Welfare researches about issues and advocates on the inclusion of animal welfare consideration into international agreements. A few of the international agreements in which they work are:

·         United Nations Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

·         International Wailing Commission. (IWC)

·         European Union (EU) legislation.

·         The Council of Europe. (CoE)

·         The International Organisation of Animal Health.

·         Convention on Migratory species.

·         Universal Declaration on Animal Welfare. 

These international agreements try to make sure that worldwide consistent principles for protecting animals and their habitat may be implemented. Slowly, but increasingly governments recognize that its important to recognize animal welfare.

Mahatma Gandhi once said, “The greatness of a nation and its moral progress can be judged by the way its animals are treated.” To become a great nation, we should keep a close watch on our surrounding and make sure that no animal rights are being violated, this way we will prosper as a nation as well as an individual.

SHRISHTI SINGH RATHORE

SCHOOL OF LAW, DAVV, INDORE